State Law Chart for DWI DUI Penalties

At present, a driver whose blood alcohol content or blood alcohol concentration (“BAC”) is 0.08% or higher is guilty of a traffic offense for DUI (driving under the influence) or DWI (driving while intoxicated). Virtually all states have zero tolerance laws for DUI/DWI offenses committed by those below the state legal drinking age, which reduces the required BAC level to at or near zero. Below is a state chart defining the penalties and punishments for drunk driving convictions. It will also provide a brief explanation of what types of punishments are generally set forth by law.

Penalties for a DUI or DWI conviction

In general, DUI/DWI can result in large fines, jail or prison, probation or community service, as well as suspension of the defendant’s driver’s license. As expected, repeat offenders are treated more harshly than first-time DUI/DWI offenders.

Administrative License Revocation (ALR)

The majority of states have enacted Administrative License Revocation (ALR) laws which allows for an immediate seizure of a vehicle and driver’s license should the operator fail or refuse to take a “field test” using a breathalyzer or other method.

Habitual Violators

Many states provide for felony penalties for repeat offenders such as the “three strikes law” for three DUI convictions. Once convicted of a habitual defender law, the operator loses many civil rights such as the ability to own weapons, to vote, and loss of driving privileges for a significant duration. Some offenders are permitted to go to “DUI school” to rehabilitate themselves and drive while their license is suspended.

Ignition Interlock Systems

Most states have instituted an ignition interlock system as alternatives to complete suspensions of driving privileges for DUI or DWI convictions. A small device is installed into the convicted operator’s vehicle which requires the driver to blow into the device in order for the ignition to fire and start the car. If the blood alcohol level of the driver is at least .02-.04, the ignition will fail to start the car. These systems are frequently used for those offenders who stand to be rehabilitated but need to drive in order to get to work or for other basic necessities.

Vehicle Forfeiture

Habitual offenders may submit themselves to a forfeiture of their vehicles and a court may order the sale of the operator’s vehicle, even if leased. The proceeds of the sale of the vehicle will first go towards pay secured interests with the remainder to satisfy others.

Conviction, Punishment and Vehicle Forfeiture, State Law Chart

State

ALR Suspension

Drive while suspended

Interlock option

Vehicle forfeiture

Alabama

90 days

no

no

no

Alaska

90 days

after 30 days1

yes

yes

Arizona

90 days

after 30 days1

yes

yes

Arkansas

120 days

yes1

yes

yes

California

4 months

after 30 days1

yes

yes

Colorado

3 months

yes1

yes

no

Connecticut

90 days

yes1

yes

no

Delaware

3 months

no

yes

no

D.C.

2-90 days

yes1

yes

no

Florida

6 months

after 30 days1

yes

yes

Georgia

1 year

yes1

yes

yes

Hawaii

3 months

after 30 days1

yes

no

Idaho

90 days

after 30 days1

yes

no

Illinois

3 months

after 30 days1

yes

yes

Indiana

180 days

after 30 days1

yes

yes

Iowa

180 days

after 90 days1

yes

no

Kansas

30 days

no

yes

no

Kentucky

no

not applicable

yes

yes

Louisiana

90 days

after 30 days1

yes

yes

Maine

90 days

yes1

yes

yes

Maryland

45 days

yes1

yes

no

Massachusetts

90 days

no

yes

yes

Michigan

no

not applicable

yes

yes

Minnesota

90 days

after 15 days1

yes

yes

Mississippi

90 days

no

yes

yes

Missouri

30 days

no

yes

yes

Montana

no

not applicable

yes

yes

Nebraska

90 days

after 30 days1

yes

no

Nevada

90 days

after 45 days1

yes

no

New Hampshire

6 months

no

yes

no

New Jersey

no

not applicable

yes

no

New Mexico

90 days

after 30 days1

yes

no

New York

variable2

yes1

yes

yes

North Carolina

30 days

after 10 days1

yes

yes

North Dakota

91 days

after 30 days1

yes

yes

Ohio

90 days

after 15 days1

yes

yes

Oklahoma

180 days

yes1

yes

yes

Oregon

90 days

after 30 days1

yes

yes

Pennsylvania

no

not applicable

yes

yes

Rhode Island

no

not applicable

yes

yes

South Carolina

no

not applicable

yes

yes

South Dakota

no

not applicable

no

no

Tennessee

no

not applicable

yes

yes

Texas

90 days

yes1

yes

yes

Utah

90 days

no

yes

no

Vermont

90 days

no

no

yes

Virginia

7 days

no

yes

yes

Washington

90 days

after 30 days1

yes

yes

West Virginia

6 months

after 30 days 1

yes

no

Wisconsin

6 months

yes1

yes

yes

Wyoming

90 days

yes1

yes

no

Notes:

1: Drivers usually require demonstration of a special hardship to justify restoration of driving privileges during suspension which, if granted, are often restricted.

2: In New York, administrative license suspension lasts until prosecution is completed.

Michael M. Wechsler is an experienced attorney, founder of TheLaw.com and of-counsel to Kaplan, Williams & Graffeo, LLC. He was also an SVP and chief Internet strategist at Zedge.net and legal consultant at Kroll Ontrack, a leading service e-discovery and computer forensics service provider.

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